Essentially, once an individual is arrested, the jail will set an amount of bail depending on the criminal charges. Every jail in every city has a bail schedule that they follow depending on what the criminal charges are. Said amounts of bail differ from city to city and state to state. Posting of this bail amount will suffice as a guarantee in order for a person to be released from custody pending a future court appearance. A person may be released from jail in the following ways:
Collateral is property placed within the bailbondsman's legal control, which the bondsman may sell in the event the defendant does not appear for court. The bail agent would sell the property to cover the amount the bondsman paid to post the bail. Essentially, collateral is a way for the bondsman to ensure the defendant will appear in court.
Almost anything legal may be posted as collateral, such as real estate, automobiles, credit cards, stocks, bonds and jewelry.
Most Federal District Courts do not allow the use of corporate sureties or bail bondsmen. Although used in some districts, it is increasingly rare. Typically, federal courts do not recognize Own Recognizance bonds and will require some form of security. This can range from a signature bond indicating that an amount of money will be owed to the court should a defendant fail to appear or violate the conditions of release, or a property bond, wherein property is deeded to the court to secure a person's appearance at future court proceedings. Some district judges will allow for collateral in lieu of property, such as stocks or bonds or sometimes even jewelry.
A Nebbia Hearing may be held wherein the individual posting the bond will have to declare under penalty of perjury before a judge that the source of the funds being posted for the bond are not illegal gains, such as drug proceeds.
A Bail Bond is essentially collateral that a person or company posts on an individual's behalf to guarantee that an individual will show up for his/her court appearance. Posting collateral in the form of money or property in exchange for an individual's temporary release from jail pending a court appearance dates back to 13th century England where there was a greater need to create a balance among the rich, middle, and poor classes on temporary releasing someone from jail when individuals were accused of a crime.
In early England, only those who had enough money and property to post as security were fortunate enough to secure temporary release from jail pending a return to court for an appearance. Savvy individuals came to the conclusion that with enough capital, they could offer this security to the court in a defendant’s name after receiving a percentage of the amount as insurance. Thus, "Bondsmen" were created who would then accept a percentage of the bail needed and post the rest for someone who has been charged with a crime and is hoping to be released from custody pending appearances at future court dates. The "fees" involved when using a commercial bond service is how the Bondsmen earn their profit.
Q: Does Every State Allow Bail Bond Companies?
A: The following states either do not allow private bail companies to deal in bail bonds or commercial bail bonds are extremely rare. Please contact your local court or the jail in which the person is held for further information regarding an inmate's release: Illinois Kentucky Maine Massachusetts Nebraska Oregon Wisconsin Washington, DC
Q: Do I Get My Bail Money Back After The Case Is Over?
A: The short answer is "no." Unless you posted the entire amount of the bond with the court, the money you paid to the bail bondsman is the bondsman's fee. This fee is what allowed the individual to get out of jail pending court appearances, and is fully earned once the defendant is out of custody. Even if there are no charges eventually filed or if the defendant is rearrested a week later, you would not receive any refund nor the return of any monies posted.
Q: Do I Have Any Recourse If I Believe the Defendant Is Not Going To Show Up For Court After I Have Posted The Bond?
A: Although your options may be somewhat limited, you can always "surrender" the individual back to the bailbondsman. The bondsman would then take the individual back into custody pending the posting of a new and different bail bond.
A: When the bondman bonded you out, he had you sign a bond contract. If you are abiding by the conditions of the contract and are paying the payments as the contract calls for, he cannot change the amount you have to pay without your agreement. Bondsmen are regulated by the State, usually through ...
A: No. The bond payment issue is a matter of contract law. Of course, if you stiff the bonding company, whatever security you gave them could be levied on [depending on your written agreement], and they could sue you on the contract, and word would get around through their system and you would ...
A: Not likely. They would have to show a substantial change in circumstances to do so. You should hire an attorney if you haven't already done so.
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